KFintech e-voting System

A. KFintech carries on the business as Registrar and Transfer Agents and is registered with the Securities and Exchange Board of India (‘SEBI’) under the Securities and Exchange Board of India (Registrars to an issue and Share Transfer Agents) Regulations, 1993 engaged in providing various ‘Registrar & Transfer Agent (RTA) related Services’ with respect to, (i) collection of applications forms, keeping of records, and assisting in allotment of securities, in terms of ‘Registrar to an Issue’ (ii) in terms of ‘Transfer Agent’ (Shares), maintenance of the records of the holders of securities and dealing with all matters connected with transactions which includes transfer, transmission and issuance of dividends.’ and (iii) in terms of ‘Transfer Agent’ (Mutual Funds), dealing with Mutual Fund transactions on behalf of Asset Management Companies.

B. KFintech by virtue of SEBI Circular dated September 08, 2017 is now also categorized as Qualified Registrar and Transfer Agent (‘QRTA’) and in terms of Circular dated August 10, 2018 SEBI has mandated that all QRTAs must enter into a written agreement with all entities accessing its data base maintained by KFintech.

C. The services provided by this Evoting website is also supported and/or is downloadable using Android Operating System and Apple Operating System for both individual users and corporate users, the usage of both of which is governed by the terms and conditions of this document.

D. The Users are requested to provide their acceptance to the Terms and Conditions upon checking ‘checkbox’ and click the ‘Accept’ button provided herein below at the end of this document.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE

1. General

1. It is imperative that the users accept the terms and conditions herein regarding the usage, processing, storing, sharing and purging of information including personal and business information (the ‘Privacy Statement’). The users are requested not to use this website on their computer system and/or their mobiles including mobile applications (as applicable) if they do not accept the terms and conditions herein.
2. KFintech does not provide the users the implied rights to use this website in any manner whatsoever. By agreeing to these terms and conditions , the users are expressly legally bound by the same.
3. In the event of any revision to the terms and conditions, such revisions would be acceptable and would be overriding over the general terms and conditions.
4. The content herein should not be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for the units of any Mutual Fund schemes including any other schemes.
5. While due care has been taken to ensure the accuracy of information or data on this website , the users expressly understand that they shall not make KFintech or its directors, promoters, employees, agents and assigns anyway responsible for any loss or damages arising out of use or inability to use this website.

2. Information Management

1. The information or data so collected is gathered from various sources for providing the Services herein including the 3rd parties.
2. In order to provide the Services herein, KFintech would collect information or data from the users end which may include their name, email address and mobile number. This information or data may be collected even from their participation in surveys and ratings enabled through the website.
3. The process of collection of information or data involves the users interactions using their device(s) for accessing our service on the Evoting website which includes:

• User’s activity on the applications, history and search queries and navigation pattern.
• Details of users interactions with KFintech Customer Service using Chat or Mobile.
• Technical information about the Device(s) being used.

3. Intellectual Property Rights, Restrictions on Use and Confidentiality

1. KFintech holds the title and ownership over all the intellectual property involved in the website, i.e., information, documents, products, logos, graphics, sounds, images, software and services, Software Systems, Procedures, audit, Database Design, Applications design, layout, text, images, graphics, sound, video, Source and Object code, Reports except the information that is available in the public domain
2. The user shall be under strict obligation to keep confidentiality of the information or data that is sensitive, which the users are not authorized to share with any 3rd party. Any unauthorized copy and use may violate the applicable intellectual property laws thereby attracting legal action, being civil or criminal, against the User including but not limited to the Information Technology. Act, 2000 and Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.

4. Subscription:

Any User subscribing to, using, or accessing the services available through the website is registered as a single user of the services. For this, KFintech shall be at discretion to issue an individual Username and Password by way of duly registered mode so informed by KFintech from time to time.

1. The applicable rate of the Subscription Fees may be revised from time to time, including some services that may be paid services.

5. Unauthorized Access:

1. The user shall use this website only for the lawful purposes and restricted to the extent so mandated under these terms and conditions, and under law.
2. The user shall not do such actions using technology or otherwise to access, store, share, process or destroy information or data in an unauthorized manner, and use such technology measures that would prevent compromise with any information or data so available on the website and take precautions in terms of creating any preventive mechanisms.

6. Discontinuation, Modification & Suspension of Services:

1. KFintech reserves the unilateral right to add to /and/or change and/or delete and/or end the service (s) available through this Evoting website at any time with or without notice to the user. In case of paid services, a pro-rated refund shall be effected for the remaining unused period.
2. KFintech shall hold absolute discretion to suspend the user services herein for breach of any terms of use of this terms and conditions, without serving any notice of termination.
3. If any monies so payable by the user to KFintech remain unpaid when being due for payment to KFintech, KFintech may at its sole discretion suspend the service (s) provided to the user until such time the unpaid amount is remediated.
4. The Users are discretion to terminate their Subscription by giving 10 days’ prior notice in writing to KFintech.

7. Variation:

1. KFintech reserves the right to amend, vary or change the terms and conditions contained herein and appearing elsewhere on the site at its sole discretion.
2. The terms and conditions of use of these sites may be amended from time to time.

8. Data Protection and Security

1. The term ‘Data’ (which shall include the term ‘Information’) shall have the meaning as defined in the Information Technology (Reasonable Security Practices and procedures and sensitive personal data or information) Rules of 2011 under the Information Technology Act of 2000 (the ‘IT Act & Rules of 2000’).
2. The users understand that the information or data so shared may be classified to be highly sensitive under the IT Act, 2000 & its applicable rules, and carries serious legal implications in the event the Data is leaked and/or compromised in any manner whatsoever either manually, operationally and technologically.
3. Accordingly, the parties so receiving the said Data shall ensure well-defined ‘Data Lifecycle Protection Mechanism’ (including Data Collection, Processing, Storing, Sharing and Purging Environment) is in place in terms of Data Protection and Privacy Policy, Individual Contributor Statements (wherever required), Trainings to Employees handling the Data, and Data Protection & Privacy Tools to ensure ‘Data Leakage Prevention’ are in place to ensure there is no scope for leakage and/or compromising of Data either manually, operationally and technologically, thereby making the Data so received ‘Safe and Secure’.
4. The parties shall protect and keep all the Data so exchanged strictly confidential, and shall share the Data strictly on ‘Need to Know’ basis, only for the limited purposes set out in this document. Upon the purpose for the using the Data being completed, the parties shall purge such Data and promptly intimate the opposite party providing confirmation of the same.
5. The parties shall comply with all Laws, Rules and Regulations (including Information Technology Act of 2000 and UIDAI Act of 2016) pertaining to Data Protection, Privacy and Information Security including obtaining ISO 27001: 2013 Certification for providing an assurance to the parties herein that all technological measures are in place for ensuring there is no leakage of Data in any manner.
6. Neither parties to this Contract shall share the Customer, Employee or Business related Data with any 3rd Party to this Contract, without express prior written permission of the other party, and in the event of Customer Data, unless express written Consent is first received from such Customer(s).

9. System & Software Requirements

1. Full use of KFintech Evoting website is dependent upon User's supported systems, networks, mobile device and internet access. The maintenance and security of these systems and equipment may influence the performance of the Evoting website. The users understand expressly that it would be their responsibility to ensure the equipment's functionality.
2. While KFintech shall on a best effort basis support the website it does not guarantee its full compatibility.
3. As and when required, the user may be required to download updates in order that the Evoting website works to its fullest potential.

10. Links to Third Party Sites

1. KFintech Evoting website may contain hyperlinks to other websites. Such inclusion does not imply that KFintech endorses or accepts responsibility for the content or use of the third party website.These links are provided solely for informational purposes. KFintech does not guarantee the content, accuracy or completeness of any information or data on the 3rd party website(s). KFintech shall not be liable to the user in any way for any delays, inaccuracies, errors in or omissions of any information or data or the transmission thereof on account of their usage of such links.
2. The use of a 3rd party website may be subject to a privacy statement, terms of use, disclaimer or similar legal condition which may significantly differ from those enumerated on the KFintech Evoting website. KFintech strongly encourages the users to familiarize themselves with the terms, conditions and policies implicated by the use the Evoting Website. It is user’s responsibility to take precautions to ensure that whatever the users select for their use is free of viruses or other items of a destructive nature.

11.Eligibility

1. An existing investor/folio holder of a Clients serviced by KFintech or a new investor desiring to invest in Clients serviced by KFintech or any other participating Clients in the website shall be eligible to use this Website. The investor shall be holding/transacting in folios with mode of operation as 'single' or as 'anyone or survivor' or 'joint' shall be eligible.

12. Usage by minors

1. KFintech Evoting Website is not intended for use by minors. The User shall be the guardian of the Minor to avail the service.

13. Restriction on Usage

1. The access to Evoting website shall be restricted only to the authorized Users.

14. Limitation of Liability

1. In no event will KFintech (including its directors, promoters, employees, agents and permitted assigns), AMC, Trustee Company, Mutual Fund and its sponsors, their associates, and any person connected with it, shall not in any way be responsible for any loss or damages arising from the use or inability to use the Evoting website and its contents and shall not entertain any legal liability for the adverse implications, if any.

15. Indemnity

1. The Users shall, at all times, indemnify KFintech from and/or against any and all actions, proceedings, claims and demands whatsoever on account of thier willful neglect in sharing their credentials giving way for compromising with thier account, system, or otherwise, including all damages, costs, liabilities, charges and expenses in respect thereof.
2. The User understand and agree that any transaction / information that is entered through the Evoting website with the provided login credentials, whether initiated by the user or not, shall be deemed to have originated from the user. The User shall be held liable for all such losses from unauthorized transactions in their folio through the Evoting Website.
3. The User shall undertake to indemnify and hold harmless and indemnified KFintech in respect of all losses, damages, costs, expenses and other liabilities (including reasonable legal fees, disbursements and expenses) incurred by or awarded in connection with or based on breach of their confidentiality obligations contained herein, misuse of KFintech Applications and Database by the user.

16. Governing Law and Dispute Resolutions

1. The terms and conditions shall be governed by and construed in accordance with the Laws of India.
2. In the event the dispute further remains unresolved for a period of thirty (30) Business Days , either party shall be free to refer the disputed matter to Arbitration in accordance with Indian Arbitration and Conciliation Act, 1996.
3. The arbitration proceedings shall be carried out by three arbitrators, of whom each party shall designate one, with the third arbitrator to be mutually nominated and appointed by both parties.
4. The arbitration shall be conducted in English language and the Arbitral Award so passed by the Arbitrators shall be final and binding upon the parties.